| (iii) provide a safe environment for an individual
with mental illness, including the failure to maintain adequate numbers
of appropriately trained staff.
(9) Unethical conduct--Conduct prohibited by the ethical
standards adopted by state or national professional organizations
for their respective professions or by rules established by the state
licensing agency for the respective profession.
(10) Unprofessional conduct--Conduct prohibited under
rules adopted by the state licensing agency for the respective profession.
(c) An LSRH shall prominently and conspicuously post
for display in a public area that is readily visible to patients,
residents, volunteers, employees, and visitors a statement of the
duty to report abuse and neglect, or illegal, unethical or unprofessional
conduct in accordance with HSC §161.132(e). The statement shall
be in English and in a second language appropriate to the demographic
makeup of the community served and contain the current HHSC patient
information and complaint line phone number. The LSRH shall ensure
the following individuals are aware of the reporting requirements
required under HSC §161.132.
(1) In accordance with HSC §161.132(a), a person,
including an employee, volunteer, or other person associated with
the LSRH who reasonably believes or who knows of information that
would reasonably cause a person to believe that the physical or mental
health or welfare of a patient of the facility who is receiving mental
health or chemical dependency services has been, is, or will be adversely
affected by abuse or neglect (as those terms are defined in subsection
(b) of this section) by any person, shall as soon as possible report
the information supporting the belief to HHSC or to the appropriate
state health care regulatory agency.
(2) In accordance with HSC §161.132(b), an LSRH
employee or other person associated with the LSRH, including a health
care professional, who reasonably believes or who knows of information
that would reasonably cause a person to believe the LSRH, an employee,
or health care professional associated with the LSRH, has, is, or
will be engaged in conduct that is or might be illegal, unprofessional,
or unethical and that relates to the operation of the LSRH or mental
health or chemical dependency services provided in the LSRH, shall
as soon as possible report the information supporting the belief to
HHSC or to the appropriate state health care regulatory agency.
(d) In accordance with HSC §161.133 (relating
to Inservice Training), an LSRH providing comprehensive medical rehabilitation,
mental health or substance use services shall annually provide, as
a condition of continued licensure, a minimum of eight hours of in-service
training designed to assist employees and health care professionals
associated with the facility in identifying patient abuse or neglect
and illegal, unprofessional, or unethical conduct by or in the LSRH
and establish a means for monitoring compliance with the requirement.
(e) A health care professional who fails to report
abuse and neglect or illegal, unprofessional, or unethical conduct
as required by subsection (c)(2) of this section shall be referred
by HHSC to the individual's licensing board for appropriate disciplinary
action.
(f) In addition to the reporting requirements described
in subsection (c)(2) of this section, a mental health services provider
must report suspected sexual exploitation in accordance with Texas
Civil Practice and Remedies Code §81.006 (relating to Duty to
Report).
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